Since its implementation in June 2022, the Ivory Act 2018 (the Act) has banned the import, export and dealing in elephant ivory in the UK. The Act, in its current form, is one of the most stringent bans in the world with those found guilty facing unlimited fines and up to 5 years in jail. On 23 May 2023, DEFRA published its response to the consultation on the possibility of extending the scope of the Act to ban ivory from other species. The consultation was held between July and September 2021.
The consultation provided three options:
- Extend the Act to hippopotamus ivory;
- Extend the Act to ivory from hippopotamus, narwhal, killer whale (orca), sperm whale and walrus; or
- Do nothing.
An overwhelming number of respondents (93%) voted in favour of Option 2: for the Act to extend to include ivory from all five species listed under the Convention on International Trade in Endangered Species of Fauna and Flora (CITES). Hippopotamus, walrus and sperm whale are listed as vulnerable on the International Union for the Conservation of Nature (IUCN) red list. Reasons given in support of Option 2 included the concern that elephant ivory is being laundered as legal ivory, whilst others raised moral objections and concerns regarding biodiversity loss. However, some respondents raised concerns that there could be adverse cultural and economic impacts on indigenous communities who hunt narwhal and walrus for subsistence purposes and derive an income from the ivory.
In response to the question of whether there should be alternative changes, some respondents suggested that alterations should be made to the exemptions set out in the Act such as: a ban on all sales (except to museums); allowing trade in narwhal and walrus ivory from indigenous communities; and exempting all items over 100 years old.
UK Government Decision
Given the consultation response and the conservation risks posed, the government has decided to extend the Act in accordance with Option 2. The response states that the impact on indigenous communities is not expected to be significant as the ban would only extend to the import of ivory from walrus and narwhal into the UK where it is intended to be sold or hired. The focus is on ending the secondary market for sale of ivory items and removing the incentive for the illegal killing of species to supply the UK market.
Enforcement of the Act is expected to be easier as illegal ivory can no longer be sold under the guise of legal ivory.
Secondary legislation to implement the extension will be considered ‘when parliamentary time allows’.
Article co-authored by Sofia Sotgia , Trainee Solicitor at CMS
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